Jeju Sexual Assault Attorney | Defending a Client Accused of Rape and Closing the Case at the Police Stage

This is the story of a client who consulted a Jeju sexual assault attorney.

The client said that he had been charged with rape, and he expressed that he felt wronged, stating that the sexual relations had taken place by mutual consent.

The client requested help in clearing himself of the rape charge.

The client, advised by a Jeju sexual assault attorney, was facing a charge of rape. 🔗Rape refers to having sexual intercourse with a person through means such as assault or threat.

Rape is punished under the Criminal Act. There is no fine and no upper limit on the sentence, and it is punishable by imprisonment for a definite term of at least three years.

Criminal Act Article 297 (Rape) A person who rapes another through assault or threat shall be punished by imprisonment for a definite term of at least three years.

The Jeju sexual assault attorney undertook the defense on behalf of the client.

The victim first asked the client for his contact information, met him, and had consensual sexual intercourse.

For the crime of rape to be established, the key issue is whether there was assault or intimidation, that is, whether there was coercion. Although the victim claimed that the client raped her while she was intoxicated, various pieces of evidence show that the victim was not intoxicated.

The driver of the taxi that the client and the victim took to the client's house stated that the victim and the client were leaning on each other and appeared to be on intimate terms, and that there was no sign of any coercion.

In addition, the victim's messages asking to meet the client contained no typos at all.

It appears that the victim, upset because the client loudly demanded that she leave his house, reported a false allegation.

The victim's act of filing a complaint against the client for nonconsensual rape, even though the intercourse had been consensual, simply because she was upset by his conduct afterward, would constitute false accusation.

After hearing the arguments of the Jeju sexual assault attorney, the police issued a no-referral decision for the client.

The decision was that there were no grounds for a charge of rape against the client. Because of the Jeju sexual assault attorney's defense, the client cleared the charge and was able to have the case closed at the police stage.

As in this case, a person may end up undergoing a police investigation due to a false accusation. If one fails to prove the absence of the charge, one may be unjustly punished.

If you are in a situation like the client of the Jeju sexual assault attorney, please entrust your case to us.